New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

CITY OF CHATTANOOGA
v.
KEVIN DAVIS
CONCURRING OPINION
Court:TCA
Judge: GODDARD
First Paragraph:
I concur in the opinion of Judge Susano because I believe he has
accurately articulated the present state of Tennessee law on the
subject at hand. I also concur in so much of the dissenting opinion
of Judge Franks as urges the Supreme Court to accept this case if an
application for permission to appeal is requested so that a definitive
and authoritative rule may be enunciated as to this significant
constitutional question.
http://www.tba.org/tba_files/TCA/chattanoogac.wpd
WILLIAM DAVIDSON
v.
RICHARD HOLTZMAN, et al.
Court:TCA
Attorneys:
Michael E. Richardson, Chattanooga, Tennessee, for the appellants,
Richard Holtzman and Engel Stadium Corporation.
William H. Horton, Chattanooga, Tennessee, for the appellee, William
Davidson.
Judge: SUSANO
First Paragraph:
The jury awarded the plaintiff, William Davidson, damages for breach
of two oral contracts between Davidson and his former employer, the
defendant Richard Holtzman, who, at the time the contracts were made,
was the sole shareholder of the defendant Engel Stadium Corporation
("the Corporation"). Defendants appeal, arguing (1) that one of the
agreements is barred by the Statute of Frauds; (2) that the same
agreement is too indefinite to be enforced; and (3) that the trial
court erred in admitting the testimony of another former employee of
Holtzman. We affirm.
http://www.tba.org/tba_files/TCA/davidsonw.wpd
JIM HOCKADAY
v.
DENNIS FREELS
Court:TCA
Attorneys:
Thomas M. Leveille, Knoxville, Tennessee, for the appellant, Dennis
Freels.
Henry Clay Barry, Lebanon, Tennessee, for the appellee, Jim Hockaday.
Judge: SUSANO
First Paragraph:
This is an action for conversion of a $10,169.59 check. Responding to
the plaintiff's allegations, the defendant claimed he had authority to
negotiate the check because he and the plaintiff had orally entered
into a partnership or joint venture. Following a bench trial, the
court below found that no such relationship existed and that the
defendant had wrongfully converted the check. We affirm.
http://www.tba.org/tba_files/TCA/hockadayj.wpdSTATE OF TENNESSEE
v.
BILLY KENNETH HALL
Court:TCCA
Attorneys:
Dale Miller, Knoxville, Tennessee (on appeal) and John W. Routh,
Knoxville, Tennessee (at trial) for appellant, Billy Kenneth Hall.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Scott Green, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant appeals his convictions for aggravated kidnapping and
aggravated rape, contending that the evidence is insufficient to
support his convictions, that the trial court should have granted a
continuance to allow him to substitute counsel, and that his attorney
was constitutionally ineffective. We affirm the trial court.
http://www.tba.org/tba_files/TCCA/hallbk.wpd

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